Is there a specific way I have to serve a demand to produce documents?

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Is there a specific way I have to serve a demand to produce documents?

My ex husband says he is going to make me pay him for the debt we accumulated during our marriage but he isn’t giving me any values or any documents that show how much i would owe him. Can I just write up a demand for documents or is there specific wording, and a specific way to serve him?

Asked on July 2, 2012 under Family Law, California

Answers:

Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 9 years ago | Contributor

First of all, he has an obligation to fill out an income and expense declaration with the court. 

However, some parties don't fill it out correctly or in much detail.

Write out a "demand for production of documents"  Cite CCP Section 2031.010 et seq.  Specifically identify what you want (i.e. the months and statements for which accounts).  Tell him, "demand is made that you produce all the documents listed below on xx xx 2012 at Address."  Give him 35 days.  Tell him he has 35 days to serve you with response including whether or not he will comply or object. 

If he doesn't get you the statements or provide an adequate objection within 35 days, you should file a motion to compel the production of documents with the court and the court will make him produce the documents under penalty of contempt.

If you are in Ventura County and are in need of representation in this matter we are a law firm focusing on family law.  We also just received an award for the best law firm in Ventura County.  Best of luck. 

 


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